Court Ruling Puts Tour Officials In `Happy State`

A new $10 million tourism campaign will greet Illinois residents with a smile Monday morning, thanks to a ruling Friday by a U.S. District Court judge.

Senior Judge Bernard Decker refused to issue a restraining order Friday on the state`s use of an advertising slogan, ``Illinois, you put me in a happy state,`` though he did schedule a full hearing in mid-May on whether using the slogan represents a trademark infringement.

An hour before the ruling, Gov. James Thompson previewed the campaign at a press conference. Use of the slogan was protested by a Richmond, Va., souvenir firm, Happy States Inc., which makes trinkets shaped like states.

Company officials say use of the motto infringes on their own slogan,

``You put me in a happy state,`` and will cause the company to lose business.

The firm asked for a restraining order to stop Illinois from officially beginning the campaign Monday. But Decker refused, saying he would hold a full hearing in mid-May.

``We`re not smiling, obviously,`` said Peter Rieschertz, attorney for the firm, who has admitted that the company does not have a registered trademark on the slogan but argues that it has a ``common law`` right because of repeated use over the last three years.

``It is our position that the massive campaign will do nothing but help the concept of `happy states,` `` said Scott Hodes, one of the attorneys representing Illinois. Hodes said the slogan has no protectable meaning and added that the two sides had tried unsuccessfully to negotiate an out-of-court settlement.

Thompson gave an upbeat pitch for the new campaign, previewing television and radio ads that featured a bouncy theme song built around the Illinois slogan. He said the $10 million promotion budget ``gives Illinois the largest single tourism advertising budget in the nation.``

Radio spots will take swipes at some of the states that have lured business away, and television commercials will feature such home state celebrities as Bob Newhart, Quincy Jones, Dick Butkus, Mike Ditka and Mr. T.

The campaign, developed by the Illinois Department of Commerce and Community Affairs and Zechman & Associates Inc., a Chicago advertising firm, is projected to increase tourist spending in Illinois by $500 million, create 2,000 jobs and increase state and local tax revenue by $25 million in its first year.